NY bail reform measure under scrutiny

ALBANY, N.Y. (NEWS10) – This
session, lawmakers approved a series of bail reform measures that included
eliminating cash bail.

A news release
from Speaker Heastie’s office released after the budget passed this session
said:

“Wealth should not determine
whether a person, accused but not convicted of a crime, will be jailed while
awaiting trial.”

Some say the reforms will have
broad impacts.

“What this legislation did is it
basically eliminated the judge’s ability to exercise discretion in setting bail
for offenses that that judge would determine to be appropriate. The people who
authored the legislation and passed the legislation also refused to take into
consideration the dangerousness of a defendant and what they did was all across
the board,” David Soares, Albany County District Attorney, said.

He says it will also affect public
safety.

“You can now be robbed, and they
will apprehend that suspect, that suspect will be arraigned and that suspect is
back into the community, and by the way they’re not only walking out of the
courthouse with their liberty at that moment, 1:20 they’re also walking out of
the courthouse with your information, the victim’s information, all
eye-witnesses information, including address and phone numbers.”

According to the Speaker’s office,
cash bail would be eliminated “for most misdemeanor and non-violent felony
offenses.”

Earlier this month, Assembly
Republicans had pushed for amendments that would ensure judges would have more
discretion over Class A felony drug offenses.

Those amendments failed.

“What the legislators did not touch are murderers. They didn’t touch those cases. So domestic violence-related offenses, rape cases, those offenses have not been touched and a judge will still be allowed to exercise discretion there.”

Lawmakers also approved the
Charitable Bail Fund Reform Act.

It would raise the amount of money that CBOs are allowed to provide for bail assistance.

That bill still has to be delivered
to the Governor.

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